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TCL > February 2012 Issue > Disciplinary Case Summaries

February 2012       Vol. 41, No. 2       Page  117
From the Courts
Colorado Disciplinary Cases

Disciplinary Case Summaries

The summaries of disciplinary case Opinions and Conditional Admissions of Misconduct are prepared by the Office of the Presiding Disciplinary Judge (PDJ) and are provided as a service by the Colorado Bar Association (CBA). The CBA cannot guarantee the accuracy or completeness of the summaries. The full text of the disciplinary Opinions, when published by the PDJ, follows the summaries page(s). The summaries and full-text Opinions also are accessible from the CBA website: www.cobar.org (click on "Opinions/Rules/Statutes"). Opinions, including exhibits, complaints, amended complaints, and summaries, also are available at the PDJ website, www.coloradosupremecourt.com/PDJ/pdj.htm, and on LexisNexis.®


Summary of Decision Issued by the PDJ

No. 10PDJ099. People v. Culter. 11/18/2011. Attorney Suspended.

The hearing board suspended Brandon S. Culter, attorney registration number 23141, for six months. The entire suspension was stayed pending the successful completion of a three-year period of probation with conditions.

Culter solicited and accepted loans from clients without recommending that they seek independent legal advice or obtaining their written consent to the transactions. He also misrepresented his intended use of a loan to one client. His misconduct constituted grounds for the imposition of discipline pursuant to C.R.C.P. 251.5, and violated Colo. RPC 1.8(a) and 8.4(c).

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Summaries of Decisions Regarding
Conditional Admission of Misconduct Issued by the PDJ

The PDJ’s approval of a Conditional Admission of Misconduct does not result in a written Opinion but only a brief Order, which does not constitute precedent. Conditional Admissions of Misconduct are public record and are available for review at the Office of the PDJ, 1560 Broadway, Ste. 675, Denver, CO 80202; (303) 866-6658; www.coloradosupremecourt.com/PDJ/pdj.htm. They also are available on LexisNexis.®

No. 11PDJ092. People v. Escovitz. 12/13/2011. Attorney Suspended.

The PDJ approved a Conditional Admission of Misconduct submitted by the parties and suspended Sari S. Escovitz, attorney registration number 09704, for thirty days. The entire suspension was stayed pending the successful completion of a two-year period of probation with conditions. The suspension was effective January 14, 2012.

Due to her billing errors, Escovitz over-billed the Colorado Office of the State Court Administrator approximately $115,000 for her legal services. Escovitz has repaid her overbilled amounts. Her misconduct constituted grounds for the imposition of discipline pursuant to C.R.C.P. 251.5, and violated Colo. RPC 1.5(a).

No. 11PDJ087. People v. Johnson. 11/21/2011. Attorney Publicly Censured.

The PDJ approved a Conditional Admission of Misconduct submitted by the parties and publicly censured Jeremy N. Johnson, attorney registration number 36400. The censure was effective November 21, 2011.

Johnson pleaded guilty to fraud by check and to disorderly conduct. He also failed to report his conviction to the Office of Attorney Regulation Counsel. His misconduct constituted grounds for the imposition of discipline pursuant to C.R.C.P. 251.5(b) and 251.20(b), and violated Colo. RPC 8.4(b).

No. 11PDJ095. People v. Johnson. 12/13/2011. Attorney Suspended.

The PDJ approved a Conditional Admission of Misconduct submitted by the parties and suspended David Stafford Johnson, attorney registration number 14524, from the practice of law for thirty days. The entire suspension was stayed pending the successful completion of a one-year period of probation with conditions. The suspension was effective January 14, 2012.

Johnson represented a corporation while simultaneously filing a lawsuit against the same corporation, thereby engaging in a conflict of interest. His misconduct constituted grounds for the imposition of discipline pursuant to C.R.C.P. 251.5, and violated Colo. RPC 1.7(a)(1) and (2).

No. 11PDJ094. People v. McGannon. 12/13/2011. Attorney Publicly Censured.

The PDJ approved a Conditional Admission of Misconduct submitted by the parties and publicly censured Terry T. McGannon, attorney registration number 15366, on December 13, 2011. McGannon pleaded guilty to driving while ability impaired. His misconduct constituted grounds for the imposition of discipline pursuant to C.R.C.P. 251.5, and violated Colo. RPC 8.4(b).

No. 11PDJ097. People v. Methner. 12/16/2011. Attorney Suspended.

The PDJ approved a Conditional Admission of Misconduct submitted by the parties and suspended Brian G. Methner, attorney registration number 33975, from the practice of law for one year and one day. Six months of the suspension were stayed pending the successful completion of a two-year period of probation with conditions. The suspension was effective December 17, 2011.

Methner failed to take the necessary steps to ensure that his firm’s accounting system complied with the record-keeping requirements under the Colorado Rules of Professional Conduct. As a result, Methner spent client funds on operating expenses when those funds should have been held in trust. His misconduct constituted grounds for the imposition of discipline pursuant to C.R.C.P. 251.5, and violated Colo. RPC 1.15(a), j(2) and (8), and 5.3(b).

No. 11PDJ079. People v. Serra. 12/14/2011. Attorney Disbarred.

The PDJ approved a Conditional Admission of Misconduct submitted by the parties and disbarred Myrl Serra, attorney registration number 29959, from the practice of law. The disbarment was effective December 14, 2011.

Serra was convicted of violation of bail bond conditions, violation of a protection order, and harassment. Serra also pleaded guilty to criminal extortion and unlawful sexual contact. His misconduct constituted grounds for the imposition of discipline pursuant to C.R.C.P. 251.5, and violated C.R.C.P. 251.5(b) and Colo. RPC 8.4(b).

No. 11PDJ088. People v. Viorst. 12/30/2011. Attorney Publicly Censured.

The PDJ approved a Conditional Admission of Misconduct submitted by the parties and publicly censured Hyla Viorst, attorney registration number 18049, on December 31, 2011. Viorst pleaded guilty in four separate cases to trespassing, disturbing the peace, and two violations of protection orders. Her misconduct constituted grounds for the imposition of discipline pursuant to C.R.C.P. 251.5(b), and violated Colo. RPC 8.4(b).

No. 11PDJ090. People v. Webb. 12/06/2011. Attorney Suspended.

The PDJ approved a Conditional Admission of Misconduct submitted by the parties and suspended Glenn Lowell Webb, attorney registration number 20023, for three months with conditions. The suspension was effective January 7, 2012.

Webb invoiced and received payment from his client for two patent applications. Webb deposited this money in his office account. He failed to pay the filing fee for the two applications. Consequently, the two applications were deemed abandoned. Webb also failed to pay for and invoice his client for maintenance fees required for his client’s other patents. As a result, some of those patents also were deemed abandoned. In another matter, Webb failed to respond to a request for additional information from the U.S. Patent and Trademark Office, resulting in the abandonment of another patent application. His misconduct constituted grounds for the imposition of discipline pursuant to C.R.C.P. 251.5, and violated Colo. RPC 1.3 and 1.15(b).

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